Definitions

As used in this part, the term: (1) “Bingo game” or “nonprofit bingo game” means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player’s card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination; provided, however, that the numbers chosen by lot shall be chosen by a natural person who is physically located on the premises or property described in Code Section 16-12-57 on which the game is operated. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity. (2) “Bingo session” means a time period during which bingo games are played. (3) “Nonprofit, tax-exempt organization” means an organization, association, corporation, or other legal entity which has been determined by the federal Internal Revenue Service to be exempt from taxation under federal tax law and which is exempt from taxation under the income tax laws of this state under Code Section 48-7-25; which is organized or incorporated in this state or authorized to do business in this state; and which uses the proceeds from any bingo games conducted by such organization solely within this state. (4) “Operate,” “operated,” or “operating” means the direction, supervision, management, operation, control, or guidance of activity. 69 16-12-52 (5) “Recreational bingo” means a bingo session operated by any person or entity at no charge to participants in which the prizes for each bingo game during the bingo session shall be noncash prizes and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the Secretary of State. No such noncash prize awarded in recreational bingo shall be exchanged or redeemed for money or for any other prize with a value in excess of the amount established pursuant to regulations established by the Secretary of State. Recreational bingo shall also include a bingo session operated by a nonprofit, tax-exempt licensed operator of bingo games at no charge to participants in which the participants are senior citizens attending a function at a facility of the tax-exempt licensed organization or are residents of nursing homes, retirement homes, senior centers, or hospitals and in which the prizes for each bingo game during the bingo session shall be nominal cash prizes not to exceed $5.00 for any single prize and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the Secretary of State. Recreational bingo shall also include a bingo session operated by an employer with ten or more full-time employees for the purposes of providing a safe workplace incentive and in which the prizes are determined by the employer; provided, however, that no monetary consideration is required by any participant other than the employer and the employer expressly prohibits any monetary consideration from any employee. Recreational bingo shall not be considered a lottery as defined in paragraph (4) of Code Section 16-12-20 or a form of gambling as defined in Code Section 16-12-21. History. Ga. L. 1977, p. 1164, § 1; Ga. L. 1978, p. 853, § 1; Ga. L. 1980, p. 422, § 1; Ga. L. 1993, p. 535, § 2; Ga. L. 1994, p. 490, § 1; Ga. L. 1994, p. 1002, § 1; Ga. L. 2003, p. 411, § 1; Ga. L. 2006, p. 339, § 1/SB 545; Ga. L. 2008, p. 898, § 2/HB 1151; Ga. L. 2016, p. 256, § 1/SB 316; Ga. L. 2021, p. 394, § 1/HB 410. Editor’s notes. Ga. L. 2008, p. 898, § 13/HB 1151, not codified by the General Assembly, provides that the amendment to this Code section shall be applicable to all taxable years beginning on or after January 1, 2008. 16-12-52. License required to operate bingo game; recreational bingo exception. (a) Any other law to the contrary notwithstanding except for subsection (b) of this Code section, no nonprofit, tax-exempt organization shall be permitted to operate a bingo game until the Secretary of State issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the Secretary of State shall control. The license described in this Code section is in 70 16-12-52 OFFENSES/HEALTH & MORALS 16-12-53 addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained. (b) Recreational bingo is a nonprofit bingo game or a bingo game operated by an employer with ten or more full-time employees for the purpose of providing a safe workplace incentive and shall not be subject to the licensing requirements and regulations provided in this part applicable to bingo games not considered recreational bingo and operated by nonprofit, tax-exempt organizations. History. Ga. L. 1977, p. 1164, § 2; Ga. L. 1980, p. 422, § 2; Ga. L. 1993, p. 535, § 3; Ga. L. 1994, p. 490, § 2; Ga. L. 1994, p. 1002, § 2; Ga. L. 2021, p. 394, § 2/HB 410.